Sh. Kunal Aggarwal & Ors. v. The State NCT of Delhi and Anr

Delhi High Court · 27 May 2025 · 2025:DHC:4443
Girish Kathpalia
W.P.(CRL) 1653/2025
2025:DHC:4443
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC arising from matrimonial disputes on the ground of amicable compromise and withdrawal of prosecution by the complainant.

Full Text
Translation output
W.P.(CRL) 1653/2025
HIGH COURT OF DELHI
Date of Decision: 27.05.2025
W.P.(CRL) 1653/2025 & CRL.M.A. 15471/2025
SH. KUNAL AGGARWAL & ORS. .....Petitioners
Through: Mr. Sanjeev Kumar Yadav, Advocate.
VERSUS
THE STATE NCT OF DELHI AND ANR .....Respondents
Through: Mr. Anand V. Khatri, ASC for State
WITH
ASI Usha, PS Vivek Vihar.
Ms. Meghna Kar, Advocate for R-2
WITH
R-2 in person.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. Petitioners seek quashing of FIR No.138/2023 of PS Vivek Vihar for offences under Section 498A/406/34 IPC on the ground that they have compromised the disputes with the complainant de facto (respondent no.2 herein). All the petitioners and respondent no.2 are present in court, duly identified by their respective counsel and the Investigating Officer/ASI Usha. I have spoken with the parties in Hindi.

2. It is stated by both sides that parties have compromised the disputes arising out of matrimony of petitioner no.1 and respondent no.2, who have got their marriage dissolved by way of decree of divorce dated 14.02.2025.

GIRISH KATHPALIA Date: 2025.05.27 14:07:57 +05'30' W.P.(CRL) 1653/2025 pages No child was born in the matrimony of petitioner no.1 and respondent no.2. Respondent no.2 submits that she has received back her entire stridhan and that she does not want to claim any maintenance or permanent alimony. Respondent no.2 submits that she is well educated and shall not ever claim any maintenance or alimony. Respondent no.2 also submits that she does not wish to pursue prosecution of the petitioners.

3. Detailed statements of the parties have already been recorded by the Joint Registrar.

4. Considering the above circumstances, I am satisfied that it would be in the interest of justice not to push the parties through trial. Therefore, the petition is allowed and FIR No.138/2023 of PS Vivek Vihar for offences under Section 498A/406/34 IPC as well as proceedings arising out of the same are quashed. Pending application stands disposed of. (JUDGE) MAY 27, 2025